T.C. SUPREME

20.Legal Department
Basis: 2016/8400
Decision: 2016/7557
Decision Date: 13.07.2016

Summary: After the rejected judge stated the opinion that the request should be rejected, the defendant who requested the refusal was rejected from the basis of the request by the merci who examined the file ……………..- The decision to punish him with a disciplinary fine of TL has been appealed by the defendant’s attorney. The reasons put forward for the judge’s refusal are the reason for the appeal in terms of the merits of the work, and HMK 36. it is not for reasons defined in the article.

(6100 P. K. m. 36)

Case and decision: during the compensation case between the parties, the defendant … his refusal was appealed to the judge by his attorney.

The court of Cassation examination of the decision made by the merci, which examines the request for refusal of the defendant … after the decision was made to accept the appeal petition, which is understood to have been requested by his attorney, all the documents in the file were examined and considered necessary.:

During the case between the parties, the defendant … 07/03/2016 filed by the attorney in summary with the petition; (…the subject of the case is the largest work accident in Turkey; however, Turkey’s largest occupational accidents are accidents that occur that could cause sided to be made of the proceedings, the proceedings on the request of the client company from the beginning of all the assets of real estate, movable property, and in the words … which is the only source of income, Rights and receivables where is rejected as unjustified demand the removal of the measures imposed on the plaintiff by the party made “legal aid” the economic situation is accepted without research called the law of demand, for a large number of cases filed related to the incident that occurred, the way to get a report from a single file is wrong, the report was edited in violation of the court’s own decision, and their justified objections to the prepared report were rejected, some of the experts were from people who previously made statements in the press, in relation to the event subject to the lawsuit….. A Criminal Court … in order to make a fair decision, the result of the criminal trial, at least the expert report, should be expected, the amount of moral compensation that the client has ruled in cases filed against the company due to the same incident is very exorbitant, the amount of compensation that has been ruled also contradicts the court’s own decisions, the court judge should make a decision at the last hearing, write a brief decision in summary, and then issue a reasoned decision to the parties., the reasoned decision of the judges before the final decision of the court is prepared together with short decision that he has written his client’s brief and the appellate petition and the appellate forth a reasoned later by taking the time needed to write the judge impartiality, objectivity, independence lost by taking the side of the plaintiffs with the pressure of the press and the public decides…) by setting forth the reasons for the denial, the judge was requested.

After the rejected judge stated the opinion that the request should be rejected, the defendant who asked for the refusal was essentially rejected by the merci who examined the file …Sh.of 1,500, 00.- The decision to punish with a disciplinary fine in TL, the defendant …Sh. it was appealed by his attorney.

The reasons put forward for the judge’s refusal are the reason for the appeal in terms of the merits of the work, and HMK 36. it is not for reasons defined in the article. It was decided unanimously on 13.07.2016 to approve the provision with the rejection of Appeals that were not seen in place for the reasons described, and to load the approval fee written below to the appellant.